What must be done by one who spoils ‘Umrah by having intercourse

Question

I live in Saudi and my wife came from outside Saudi. We met in Jeddah when we were in ihram for ‘Umrah only, and we went to Makkah. In the hotel intercourse took place before ‘Umrah, then we went to at-Tan‘eem and entered ihram, and we did a new ‘Umrah. What is the ruling?.

Answer

Praise be to Allaah.

It is not permissible for one who is in ihram for Hajj or
‘Umrah to have intercourse until he or she has exited ihram. If a person has
intercourse during ‘Umrah, before completing saa‘i, the ‘Umrah is
invalidated, but he has to carry on and complete it, then make it up by
entering ihram from the place he entered it the first time, as well as
sacrificing a sheep on behalf of each of you, to be slaughtered in Makkah
and its meat distributed to the poor (of that city).

With regard to intercourse after saa‘i and before shaving the
head or cutting the hair, it does not invalidate ‘Umrah, but fidyah (ransom
or expiation) must be offered for that, with a choice (between offering a
sacrifice, fasting for three days or feeding six poor persons).

Your going to at-Tan‘eem was of no use, because you are still
in a state of ihram for ‘umrah -- even if it was spoiled -- so it is not
correct to enter another ihram until you are done with the first one.

Based on that, what you did of the actions of ‘Umrah is
regarded as the completion of the spoiled ‘Umrah, and you have to make it
up. You should enter ihram from the miqeet from which you entered ihram the
first time, and slaughter a sheep on behalf of each of you.

Shaykh Ibn Baaz (may Allah have mercy on him) said: If you
have intercourse with your wife, it invalidates your ‘Umrah, but you have to
complete it, then make it up again from the place at which you entered ihram
the first time. And you have to offer a sacrifice, which is a one-ear-old
sheep or a two-year-old goat, to slaughtered in Makkah and given to the
poor. One seventh of a camel or cow is also acceptable.

End quote from Fataawa Islamiyyah.

Some scholars are of the view that what is required of one
who has intercourse during ‘Umrah is to offer fidyah, with a choice between
offering a sacrifice, fasting for three days or feeding six poor persons,
whether he had intercourse before saa‘i or after, as it says in Sharh
Muntaha al-Iraadaat, 1/556.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
‘Umrah in which intercourse takes place is an invalid ‘Umrah and you have to
sacrifice a sheep, to be slaughtered in Makkah and the meat distributed to
the poor; or feed six poor persons, giving each one half a saa‘ of food; or
fast for three days. You also have to do another ‘Umrah to make up for the
one that was spoiled. End quote from al-Liqa’ ash-Shahri, 9/54

To sum up, you have to do three things:

1.Repent to Allah, may He be
exalted, for doing something that was forbidden whilst in ihram and spoiling
the rituals which Allah commanded must be completed.

2.Do ‘Umrah again to make up for
the spoiled ‘Umrah; you have to enter ihram from the same miqaat as you
entered ihram for the ‘Umrah that was spoiled.

3.Offer a fidyah (ransom); each
of you has the option of choosing whichever option he or she wants: either
sacrificing a sheep, or fasting three days, or feeding six poor people among
the poor of Makkah. If each of you sacrifices a sheep, that is preferable
and is more on the safe side.